SUDHARSHAN RAJAYYA BINGI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dated 3rd January, 2014, passed by the learned Additiional Sessions Judge, Solapur, in Sessions Case No.124 of 2012, whereby and whereunder the appellant - accused came to be convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 ("the Penal Code") and sentenced to suffer imprisonment for life and pay fne of Rs.5,000/- with default stipulation.

(2.) The gravamen of indictment against the accused was as under:

(3.) After appraisal of the evidence and material on record the learned Sessions Judge was persuaded to enter the fnding of guilt. It was, inter alia, held that the accused failed to explain the circumstances in which the deceased met the homicidal death when only accused and deceased were present in their home at the time of the occurrence. The failure of the accused to substantiate the claim that at the time of the alleged occurrence he was not present at home and was, in fact, on duty at Mandhoni Weaving Mill, Akkalkot Road, Solapur was reckoned as an additional link in the chain of circumstances which incriminate the accused. Thus, the accused was convicted and sentenced, as indicated above.